One of the most important concepts in civil litigation is “What is not in the acts, is not in the world.” In plain English, this means that courts rely on the record and admitted evidence to make decisions. If an...
Demand Futility Explained
August 24, 2026
Demand futility is a core concept in Delaware corporate litigation that permits an individual stockholder to sue on behalf of a company without first seeking the board of directors’ permission. In Delaware, corporate...
Entire Fairness Review Explained
August 17, 2026
When you invest in a corporation, you place immense trust in the people running it. A corporate director holds a fiduciary duty to act in the best interests of the company and to protect your investment. However, a corporate...
How the Business Judgment Rule Works
August 10, 2026
The business judgment rule is a legal principle in Delaware that presumes corporate directors are acting (1) in the company’s best interests, (2) on an informed basis, and (3) in good faith. If you are a stockholder in a...
If you are a stockholder watching a corporate board make decisions that clearly favor insiders and business leadership at the expense of the company, you may have grounds for legal action. By recognizing the early signs of...
